How To File A Wrongful Death Lawsuit In Michigan?

If you and your family have lost a loved one in a fatal car or truck accident, you need an experienced attorney who can help you file a wrongful death lawsuit to recover the full compensation you’re entitled to.

Fatal auto crash cases are both emotional and legally complex. A skilled attorney will protect your rights and make sure your loved one’s story is heard. They will investigate the case, find who is at fault, calculate your losses, and take the case to trial if needed.

Our attorneys have decades of experience helping families recover the compensation they deserve. We’ve won more million-dollar settlements and verdicts than any other personal injury firm in the state. We also hold the state’s highest reported fatal auto crash settlements. Our success is supported by over 3,000 5-Star Reviews.

A wrongful death lawsuit is a civil claim filed when someone dies because of another person’s negligence, carelessness, or intentional act. In Michigan, these cases are covered under the Wrongful Death Act. This law allows certain family members to recover damages for the emotional, financial, and practical losses caused by their loved one’s death.

These claims often come from fatal car, truck, motorcycle, or pedestrian accidents, among other serious injuries.

In Michigan, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate, typically within three years of the loss of life. To succeed, the claim must establish four key elements: a duty of care, a breach of that duty, causation of the death, and resulting damages. The process includes notifying eligible family members about the lawsuit and their potential claims, collecting crucial evidence such as police and medical records, and guiding the case through probate court to ensure any settlement or award is properly distributed.

Our lawyers also ensure compliance with Michigan’s strict deadlines, including the three-year statute of limitations for filing a wrongful death lawsuit and the requirement that eligible beneficiaries receive written notice within 30 days. With decades of experience and a proven record of success, our attorneys handle every detail so your family can focus on healing while we fight for justice and compensation on your behalf.

Here are the key steps in filing a wrongful death lawsuit in Michigan:

Appoint a personal representative

The first step in filing a wrongful death lawsuit in Michigan is the appointment of a personal representative (also called an executor) for the deceased person’s estate. This is a crucial step because only the personal representative has the legal authority to file the Michigan wrongful death lawsuit on behalf of the estate and its beneficiaries.

A personal representative must be appointed by the probate court in the county where the deceased lived. In many cases, the court will follow the wishes stated in the deceased person’s will, naming the individual chosen to serve as executor. If there is no will, or if the named person cannot serve, the probate court will appoint someone—often a close family member—who is best positioned to represent the estate. Once appointed, the personal representative works closely with our attorneys to begin the legal process of seeking justice and compensation for the family’s loss.

Hire an experienced and trusted lawyer

Once a personal representative has been appointed, the next critical step when filing a wrongful death lawsuit in Michigan is to hire one of our trusted and experienced lawyers to guide you through the legal process. Fatal crash cases are complex, requiring a thorough understanding of our state’s No-Fault laws, strict deadlines for submitting claims, and the ability to prove negligence while navigating the court system. Attempting to handle this alone can put your family’s rights and recovery at risk.

Our attorneys have decades of experience successfully representing families in fatal crash cases across the state. We know how to build strong claims, negotiate with insurance companies, and, when necessary, take cases to trial to secure the justice and compensation your family deserves. By choosing the attorneys at Michigan Auto Law to file your wrongful death lawsuit, you’re not just hiring a lawyer—you’re gaining a team that is both highly skilled in the courtroom and compassionate in supporting families through the most difficult time of their lives.

Gather evidence and establish the claim

When filing a wrongful death lawsuit following a fatal crash in Michigan, our lawyers will conduct a comprehensive investigation and gather critical evidence to build a strong case for your family. The personal representative, together with our experienced attorneys, will collect all necessary information to prove the four elements required under state law for a fatal auto crash claim.

These elements include:

• Duty of Care: Demonstrating that the defendant owed a legal duty to the deceased.
• Breach of Duty: Showing that the defendant failed to uphold that duty through negligence or intentional misconduct.
• Causation: Proving that the defendant’s actions directly caused the fatal incident.
• Determine Damages: Calculating the losses suffered by surviving family members, including medical expenses, funeral costs, lost income, and the loss of love, care, and companionship.

By meticulously gathering evidence—from accident reports and witness statements to medical records and financial documents—our attorneys ensure that your fatal auto accident case is built on a solid foundation, giving your family the best chance to obtain justice and fair compensation.

Identify the at-fault party or parties

When filing a wrongful death lawsuit after a car accident in Michigan, our lawyers will carefully identify the at-fault party or parties responsible for your loved one’s passing. Determining liability in a fatal crash can be complex, especially when multiple drivers, vehicles, or even third parties—such as employers, manufacturers, or government entities—may share responsibility.

Our experienced attorneys investigate every aspect of the fatal auto accident, reviewing police reports, vehicle data, traffic camera footage, witness statements, and any other evidence that can establish fault. We analyze how each party’s actions or negligence contributed to the crash, ensuring that no responsible party is overlooked. By clearly identifying all at-fault individuals or entities, we maximize your family’s opportunity to obtain full and fair compensation for medical bills, funeral costs, lost income, and the irreplaceable loss of love and companionship.

File the Michigan wrongful death lawsuit

Once all necessary evidence has been gathered and the at-fault parties have been identified, our lawyers will help the personal representative file the wrongful death lawsuit in Michigan. The personal representative, with guidance from our experienced attorneys, will submit a formal complaint to the appropriate court, clearly outlining the facts of the case, the parties responsible, and the damages being sought.

Our attorneys ensure that the complaint meets all legal requirements and deadlines, giving your family the best chance to pursue justice efficiently. From drafting the complaint to handling court submissions and procedural requirements, we manage every step of the process so that the personal representative can focus on supporting the family during this difficult time. By taking a thorough and strategic approach, we aim to build a strong foundation for negotiation or, if necessary, trial, ensuring that your loved one’s death is addressed with the seriousness and attention it deserves.

Serve the defendant(s)

After filing a wrongful death lawsuit following a car accident in Michigan, our lawyers ensure that the defendant(s) are properly served so the case can move forward. The defendant(s) must be formally notified of the lawsuit through the legal process known as service of process, which informs them of the claims being made and gives them the opportunity to respond.

Our experienced attorneys handle this critical step carefully to comply with all state legal requirements. We coordinate the delivery of the complaint and any supporting documents, ensuring that each defendant receives proper notice. Proper service of process is essential because it establishes the court’s authority over the parties and allows the case to proceed efficiently. By managing this step thoroughly, we protect your family’s rights and keep your case on track toward resolution or trial.

Notify beneficiaries

After filing a wrongful death lawsuit in Michigan following a car accident, our lawyers ensure that the personal representative notifies all eligible beneficiaries of the case. Within 30 days of starting the legal action, the personal representative must send written notice to all known beneficiaries, explaining the case and their rights under state law

Our attorneys guide the personal representative through this process, preparing the necessary notices and ensuring they are delivered properly and on time. This step is crucial because it keeps the family informed, protects the estate’s legal obligations, and ensures that all beneficiaries are able to participate or be represented in the case. By managing this requirement carefully, we help families avoid delays or procedural issues, keeping the case on track while providing support during a difficult time.

Present your claim for damages

After filing a wrongful death lawsuit in Michigan following a car accident, our lawyers will present your claim for damages to ensure your family receives the full compensation they are entitled to. Once beneficiaries are notified, they have 60 days to submit their claims for damages to the personal representative’s attorney. Our experienced attorneys guide beneficiaries through this process, helping them document and calculate all losses, including medical expenses, funeral costs, lost income, and the loss of love, care, and companionship.

We work closely with the personal representative to compile and organize these claims into a comprehensive presentation to the court or opposing parties. By carefully detailing the full extent of your family’s losses and providing strong supporting evidence, our attorneys maximize the potential recovery. Our goal is to make this process as clear and manageable as possible while aggressively advocating for justice and fair compensation for your loved one’s passing.

Negotiate a full and fair settlement

After filing a wrongful death lawsuit in Michigan following a fatal auto accident, our lawyers work tirelessly to negotiate a full and fair settlement on behalf of your family. When a proposed settlement is reached, the court will hold a hearing to determine the fairness of the settlement and how the funds will be distributed among the beneficiaries.

Our experienced attorneys prepare thoroughly for this hearing, presenting the case clearly and advocating for every dollar your family is entitled to receive. We ensure that the settlement accurately reflects your losses—including medical and funeral expenses, lost income, and the loss of love and companionship—while protecting the interests of all beneficiaries. By handling negotiations and the settlement hearing, our lawyers aim to achieve the best possible outcome without the need for a prolonged trial, while keeping your family informed and supported throughout the process.

Proceed to trial if necessary

If a fair settlement cannot be reached after filing a wrongful death lawsuit in Michigan following a fatal auto accident, our lawyers are fully prepared to proceed to trial on your family’s behalf. If the insurance company won’t settle, your attorney must be ready to take the case to trial and tell your story to a jury.

Our experienced attorneys carefully prepare every aspect of the case, from gathering evidence and expert testimony to presenting a compelling argument in court. We focus on clearly demonstrating the negligent actions that caused your loved one’s passing and the resulting losses suffered by your family. By taking the case to trial, we ensure that your family’s story is heard and that the court has the opportunity to award full and fair compensation. Throughout the trial process, our lawyers guide and support you every step of the way, advocating tirelessly for justice and the recovery your family deserves. If the jury rules in your favor, your lawyer will collect and distribute the awarded damages.

Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in Michigan. (MCL 600.2922(2)). This individual is typically appointed by the probate court and may be a surviving spouse, adult child, or another close relative.

While the personal representative files the wrongful death lawsuit in Michigan, MCL 600.2922(3) provides that the damages recovered may be distributed to:

• Spouse
• Children or descendants
• Parents or grandparents
• Siblings
• Stepchildren or financial dependents named in the will

State law (MCL 600.2922(6)) allows for a wide range of economic and noneconomic damages in these cases, including:

• “Medical, hospital, funeral, and burial expenses” related to the fatal injury
• Loss of the deceased’s “financial support, society, and companionship.”
• The “pain and suffering, while conscious,” experienced by the deceased prior to death

Michigan law requires wrongful death lawsuits to be filed within 3 years of the date of death. (MCL 600.5805(2)) Failing to meet this deadline may result in your case being dismissed and your family losing the right to recover damages.

Additionally, within 30 days of filing the wrongful death lawsuit in Michigan, the personal representative must notify eligible family members. These individuals then have 60 days to inform the estate of any claims for damages. (MCL 600.2922(2) and (8))

The cost to hire a lawyer to file a wrongful death lawsuit in Michigan is typically handled on a contingency fee basis. This means you generally do not pay any upfront legal fees, and the attorney only collects a fee if the case is successful and compensation is recovered. Contingency fees are usually a percentage of the net recovery, often around one-third, and case-related expenses—like court costs, expert witnesses, and investigation expenses—are typically deducted from the settlement.

Our attorneys follow this same approach. Families do not pay anything upfront, and our team only collects fees if we successfully recover compensation for your loved one. We provide free consultations to review your case and explain how fees and expenses work, ensuring full transparency. By handling all legal work, including investigation, initiating legal action, negotiating with insurance companies, and, if necessary, taking the case to trial, our experienced attorneys fight to maximize your family’s recovery while removing the financial burden of pursuing justice.

Several important factors determine how much a fatal auto accident case is worth:

• The victim’s age, income, and financial contributions
• The amount of conscious pain and suffering before death
• The relationship between the deceased and the surviving family
• The insurance coverage or assets available
• The track record and reputation of your attorney

According to insurance industry data, lawyers with trial experience settle cases for up to 4 times more than attorneys who do not regularly go to court.

Losing a loved one in a fatal auto accident is one of the most devastating experiences a family can face. At Michigan Auto Law, our wrongful death lawyers combine deep legal expertise, proven results, and compassionate support to help families file a lawsuit, navigate this difficult time, and pursue justice.

We are recognized as some of the most trusted and experienced fatal auto accident lawyers in the state, with a track record of securing maximum compensation for families across the state. Our team handles every aspect of your case—from investigating the accident and identifying at-fault parties to initiating legal action, negotiating with insurance companies, and taking the case to trial if necessary.

What sets us apart is not just our skill, but our dedication to families. We provide personalized attention, clear communication, and guidance through each step of the legal process, ensuring your family understands your rights and options. With us, you gain attorneys who are not only legal advocates but also compassionate partners committed to helping your family obtain justice and the financial recovery you deserve.

Our attorneys have a long history of securing top results for grieving families, including: 

• $13.2 million verdict in a fatal truck accident case
• $7 million plus $4 million collected above policy limits
• $6.2 million settlement after a $400,000 offer
• $5.1 million in a fatal rear-end collision
• $5 million for a pedestrian hit and killed by a commercial vehicle

If you lost a loved one in a fatal auto accident in Michigan, and need help filing a lawsuit for pain and suffering compensation as well as wrongful death damages, call now (800) 968-1001 for a free consultation with one of an experienced and trusted lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

Our law firm is the state’s largest and most successful law firm that specializes exclusively in helping people and families who have lost loved ones in fatal motor vehicle accidents. 

Our secret? Our attorneys deliberately handle fewer cases than other personal injury law firms. This allows us to focus more time and attention on our cases.

Unlike other law firms, our attorneys are never too busy to promptly return phone calls and answer questions. 

We have more than 3,000 5-Star Reviews that reflect this care and attention to detail.

More importantly, this client-focused approach leads to better and faster settlements for our clients. Our attorneys have recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in the state. We’ve also recovered the highest ever reported truck accident and car accident settlement in the state.

Call now so we can start making a real difference for you.